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JBCC 6.0

Lecture on new JBCC 6th edition
by

Lilisa Jansen

on 6 June 2013

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Transcript of JBCC 6.0

Why new
edition? Consumer Protection Act (CPA)
New Companies Act
Revised Building Regulations 6.0 Compliance with CPA Simpler &
more concise
wording = More COMPACT document 30
clauses 42
clauses JBCC 6.0 JBCC 6.0 JBCC 5.0 Same
number
of
words Contract data When Completed: EC CE Becomes the offer, and on award, forms part of the agreement. SINGLE JBCC PBA - EDITION 6.0 CONCEPT CHANGES No place in agreement
between
Employer and Contractor Omission of
"domestic sub contractor" Scrapping concept: "Works Completion" Greater Emphasis on "Practical Completion" Space in Contract ACTIVE use of NOTICES to create an audit trail of project related communications to describe detail at tender stage CLAUSE 12 Summarizes the duties of the parties in clause CLAUSE 28 New Clause: Suspend works before termination The Agreement now falls into 8 sections: Interpretation (Previously: Definitions; Objectives and interpretation)
Insurances and Securities
Execution
Completion
Payment
Suspension and Termination (Previously: Termination)
Dispute resolution (Previously - Dispute)
Agreement (Previously: Contract Agreement) J B C C INTERPRETATION INSURANCE AND SECURITY EXECUTION COMPLETION PAYMENT SUSPENSION
AND
TERMINATION DISPUTE RESOLUTION QUESTIONS Clause 2 Law, Regulations and Notices Sent by registered mail: Previously: 5 working days 7 Calender days Notices No more mention of
"sent by telefax" Clause 3 Offer and Acceptance 3 new clauses to comply with CPA "This agreement shall come into force on the date of acceptance by the employer..." Clause 6 Employer's Agents Delegate
authority to
other consultants Now ONLY
with prior approval
of the client 4 Clauses Previously 6 clauses Where contract value
exceeds contract sum
by 10% (or the % stated) insurance provision adjusted
at
employer's expense Clause 7 Design Responsibility All rights
the contractor
has against
sub-contractors Previously:
No date for cession Now automatically ceded at: Final Completion or
Date of termination NEW Provision Clause 8 WORKS RISK Force Majeure in lieu of 4 clauses war
rebellion
civil commotion
sonic shockwaves, etc Clause 10 INSURANCES Previously:
clauses General insurance
Special insurance
Effecting insurance Additional
items added: Entire policy worded to be supplied to the other party Any amounts not recovered from insurances
shall be borne by the employer or contractor Further
changes: Previously:
no notice necessary if party fails to effect insurance Now:
5 days notice to effect insurance then other party can effect insurance If employer fails to effect insurance 10 working days notice where after contractor may suspend works SECURITY Clause 11 PREVIOUSLY NOW Construction
Guarantee: 21 Calender
days Security for
Construction: 15 Working days Still 2 types: Variable: Fixed: Now specified to be valid until the final
payment certificate Valid until
practical completion Uncertain when to release payment reduction -
At Practical Completion HIGH RISK DUTIES OF PARTIES Clause 12 EMPLOYER CONTRACTOR Supply free issue items to suit programme Define the extent of works by direct contractor Ensure that the PA and Agents provide adequate construction information to the Contractor Now:
A Comprehensive list of actions to be carried out by Contractor Previously: S C A T T E R E D Throughout
document the whole NB:
Check new document Clause 13
not responsible
for incorrect setting out
if incorrect information
was issued May suspend works where
undocumented services,
natural features, etc
are uncovered
on site SETTING
OUT New Clauses Contractor: Contractor: Clause 14 & 15 Nominated
and
Selected
Sub-Contractors No major
changes Clause 16 DIRECT
CONTRACTORS new No privity of contract between contractor and a direct contractor Previously by implication Contract
Instructions The 19 criteria for the issue of contract instructions
now in 5 sub-clauses Rectification of errors in construction information and / or design changes Matters relating to site, services, etc. Matters relating to the works Expenditure of allowances Execution by others Clause 18 Only applicable to
N/S subcontract agreement Interim Completion Practical
Completion C L A U S E 19 Comprehensive & Concise list of defaults if practical completion is not achieved New Clause: A list for completion of items to be rectified and work to be completed within 30 working days. This clause will not suit
a hospital environment Clause 20 Sectional Completion New heading
No new clauses Clause 21 Defects liability period
and
final completion Only small editorial changes Clause 23 REVISION OF THE DATE
FOR PRACTICAL COMPLETION Adverse weather conditions Previously:
The EFFECT of adverse weather conditions New Clause: "Exercise of statutory power by a body of state or public authority that directly affects the execution of the works" Clause 24 PENALTY FOR LATE OR NON-COMPLETION New Clause: "The PA shall include penalty amounts in regular recovery statements and interim payment certificates from the date on which the employer's entitlement to penalties commences" Clause Standard payment
now 14 days;
previously 7 days
after pmt certificate Clause 28 SUSPENSION BY CONTRACTOR NEW CLAUSE Contractor may give
5 days notice
of intention to suspend WHERE Employer / PA has failed to: Provide security for payment
Issue a payment certificate
Make payment in full
Effect insurances
Appoint another PA Where work has been suspended:
PA to revise dates for Practical Completion CLAUSE 29 Termination New sub-clause Termination of the works
shall not prejudice any rights
the employer may have Clause 30 DISPUTE RESOLUTION Settlement by parties
Adjudication
Arbitration
Mediation
Full transcript